What is the Burden and What Must be Proved at a Hearing to get Reinstated?

Whether a person is applying for reinstatement or a permit to drive, whether a person lives in another state or live in the State of Illinois, that person will have the same burden. When I say burden here, I am referring to the burden of proof. Just as the prosecution has the burden of proof on a criminal case to prove that the accused committed the crime beyond a reasonable doubt, we have the burden of proof when applying for reinstatement of driving privileges.

That burden is by what is called "clear and convincing evidence." Clear and convincing evidence is the highest civil burden of proof that we have in the State of Illinois. It is commonly spoken of as being a burden just under being beyond a reasonable doubt, and meeting that burden is no small feat. Doing so can be very difficult, and entails a lot of forethought and experience in order to be successful.

It might be of interest to note that this is not the case in other states. Because driver's license reinstatements are technically administrative in nature, other states have imposed a burden of proof that is less that clear and convincing evidence, or have created an entirely different burden of proof that applies to driver's license reinstatement. In Illinois, the burden of proof has been selected the way that it was, and the burden being clear and convincing evidence can make the job of getting reinstatement seem difficult, if not impossible. With help from the right people, reinstatement is not only possible, it can be likely.

What is more is that there are several things that must be proven at a hearing, such as that a person is capable of being a safe and responsible driver, that the person has addressed any underlying issues that lead to the revocation of his or her driver's license in the first place, that the person suffers from a hardship as a result of the loss of his or her license, and so on. Each one of these elements must be proven by clear and convincing evidence, and success hinges on being able to do so.

Meeting that burden of proof requires trying to turn driver's license reinstatement into as much of a science, as opposed to being an art, as possible. Meeting that burden requires getting documents together, reviewing those documents, preparing testimony, and knowing what to expect. It is not all bad news, however, and meeting that burden is an entirely doable thing. We help get people their driver's licenses back all the time, because we try as hard as we can to turn an art into a science, so that we can increase our chances of success. We help people clear up their revocations every day, and are here to give any help we can to those who are revoked.

Copyright © 2017 by Brendan Bukalski

The information provided in this article is general in nature, and should not be relied upon as legal advice or interpreted as creating an attorney-client relationship . As a general rule, all specific legal problems should be handled by an individual's attorney. All rights reserved. Any copying, duplication, or commercial use of the information contained in this column is strictly prohibited without prior permission.

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